When someone is made executor of a will, they have a responsibility. They need to make sure that the wishes of the deceased are carried out, and this means that they are required to communicate with the beneficiaries of this will. When an executor goes radio silent, beneficiaries can act to hold them responsible. A Washtenaw County wills attorney from our firm may be able to help you with that.
What is an Executor Supposed to Do For Beneficiaries?
First, an executor must inform people when they are beneficiaries of a will. This does not mean that they distribute assets right away. There are still many other things that need to be done first. Informing the beneficiaries absolutely needs to be done right away though.
Then the executor has to settle the estate’s affairs and take care of any lingering obligations of the deceased. This can mean paying the last year of taxes or settling the decedent’s debts. During this time, the executor needs to be transparent. If an asset is being sold for some reason, the sale and reasoning behind it should be disclosed. If beneficiaries have any questions, the executor should be ready to answer them.
Can One of the Beneficiaries Be the Executor?
It is actually quite common for an executor of a will to also be a beneficiary of it. When this happens, the executor has to be extra careful so that there are no accusations of impropriety. An executor is supposed to execute the will of the deceased. They are not supposed to use their position for personal gain.
When Should an Executor Be Brought to Court?
An executor should be brought to court if they are not doing their job. If they are not settling the deceased’s estate and moving the process along, someone else should take over. An executor can also be brought to court if they do not communicate with the beneficiaries. People should be told right away if they are included in a will. If an executor does not properly inform people of their position, keep people updated on the probate process, or respond to communications from beneficiaries, they could end up getting dragged into court.
How Can an Attorney Help?
If it seems like the executor is not doing their job, an attorney may be able to help you address the matter. Court orders can be issued to make an executor do their job and maintain transparency. An executor who ignores such orders could be removed from the position.
Talk to a Lawyer Today
Our firm may be able to help if you want to learn more about your rights as a beneficiary or you suspect that the executor of a loved one’s will is not performing their duties. Contact Collis, Griffor & Hendra to schedule a consultation with our team.
